DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7354)

ENVIRO-ACOUSTICS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016 -2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 DECEMBER 2016

Application for approval of the Enviro-Acoustics Pty Ltd / CFMEU Collective Agreement 2016 -2017.

[1] An application has been made for approval of an enterprise agreement known as the Enviro-Acoustics Pty Ltd / CFMEU Collective Agreement 2016 -2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2016. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Enviro-Acoustics Pty Ltd. The matter was an application for the approval of the collective agreement between the two parties for the period 2016-2017. The court was tasked with examining the terms of the agreement and determining whether it complied with the relevant provisions of the Fair Work Act 2009. The CFMEU represented the interests of the employees, while Enviro-Acoustics Pty Ltd was the employer seeking to have the agreement approved.

The primary legal issues the court needed to address were whether the agreement met the statutory requirements under the Fair Work Act and whether it provided for fair and reasonable terms for both parties. The court considered whether the agreement adhered to the procedural requirements, such as the negotiation process and the notice provided to relevant parties. Additionally, the court examined whether the agreement contained terms that were consistent with the principles of good faith bargaining and whether it provided for fair and reasonable outcomes for employees, including provisions for wages, hours of work, and other employment conditions.

In delivering the judgment, the court carefully reviewed the collective agreement and found that it complied with the statutory requirements and procedural obligations under the Fair Work Act. The court noted that the agreement was the result of good faith bargaining between the parties and contained terms that were fair and reasonable for both employees and the employer. The court was satisfied that the agreement provided for appropriate wages, hours of work, and other employment conditions that met the statutory standards. Consequently, the court approved the collective agreement between the CFMEU and Enviro-Acoustics Pty Ltd for the period 2016-2017.

As a result of the court's decision, the collective agreement was approved, and the terms and conditions outlined in the agreement became legally binding on both parties for the specified period. This outcome ensured that the employment relationship between the CFMEU and Enviro-Acoustics Pty Ltd was governed by a mutually agreed-upon set of terms, providing clarity and certainty for both employees and the employer.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established